Malacidze v. Noem et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
GIORGI MALACIDZE, 	)
)
Petitioner, 	)
)
v. 	) 	Case No. CIV-25-1527-D
)
KRISTI NOEM, et al., 	)
)
Respondents. 	)
ORDER
Petitioner Giorgi Malacidze filed a Petition for Writ of Habeas Corpus, pursuant to
28 U.S.C. § 2241 [Doc. No. 1]. The matter was referred to United States Magistrate Judge
Chris M. Stephens for initial proceedings in accordance with 28 U.S.C. § 636(b)(1)(B) and
(C).
On December 20, 2025, Petitioner filed a Motion for Temporary Restraining Order
[Doc. No. 8], requesting that the Court grant temporary injunctive relief, ordering
Respondents to immediately release Petitioner or, alternatively, to provide Petitioner with
a bond hearing “at which the government must bear the burden of justifying Petitioner’s
continued detention by clear and convincing evidence.” [Doc. No. 8-1, at 13].
On December 22, 2025, the magistrate judge issued a Report and Recommendation
[Doc. No. 9], in which he recommends that the Court deny Petitioner’s request for a
temporary restraining order. Specifically, the magistrate judge concluded that Petitioner
had failed to “certify[] reasons why notice to the adverse party should not be required,”
and thus had failed to comply with F ED . R. CIV . P. 65(b)(1). The magistrate judge notified
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the parties of their right to object to the R&R on or before December 29, 2025, and that
failure to timely object to the R&R waives the right to appellate review of both factual and
legal issues contained therein. See Moore v. United States, 950 F.2d 656, 659 (10th Cir.
1991).
Upon review of the file and noting no timely objection to the findings and
recommendations 	of 	the 	magistrate 	judge, 	the 	Court 	ADOPTS 	the 	Report 	and
Recommendation [Doc. No. 9] in its entirety.
IT IS THEREFORE ORDERED that, for the reasons stated in the Report and
Recommendation [Doc. No. 9], Petitioner’s Motion for Temporary Restraining Order
[Doc. No. 8] is DENIED.
IT IS SO ORDERED this 6th day of January, 2026.
TIMOTHY D. DeGIUSTI
Chief United States District Judge
Case 5:25-cv-01527-D Document 20 Filed 01/06/26 Page 2 of 2